Sansad TV Perspective: Intellectual Property Rights

In the series Sansad TV Perspective, we bring you an analysis of the discussion featured on the insightful programme ‘Perspective’ on Sansad TV, on various important topics affecting India and also the world. This analysis will help you immensely for the IAS exam, especially the mains exam, where a well-rounded understanding of topics is a prerequisite for writing answers that fetch good marks.

In this article, we feature the discussion on the topic: ‘Intellectual Property Rights’.

Anchor: Teena Jha

Participants:

• Prof (Dr) Unnat P Pandit, Controller General of Patents, Designs and Trademarks (CGPDTM), DPIIT, Ministry of Commerce & Industry.
• Prof (Dr) Prabuddha Ganguli, CEO, VISION-IPR.

Context – The World Intellectual Property Organization sets down the rules to confer certain exclusive rights to the inventors or creators of Intellectual Property so that they can reap commercial benefits from their creative efforts or reputation.

What is an Intellectual Property (IP)?

IP is a category of property that includes intangible creations of the human intellect. There are several types of IP but the most well-known are copyrights, patents, trademarks, and trade secrets, which enable people to earn recognition or financial benefit from what they invent or create.

• IP Rights are outlined in Article 27 of the Universal Declaration of Human Rights, which provides for the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions.
• Know more about intellectual property rights in the linked article.

World Intellectual Property Day

 World Intellectual Property Day is marked on April 26th with the objective of raising awareness about the impact that patents, copyrights, trademarks, and designs have on our daily lives. 

• The purpose of intellectual property (IP) rights is to encourage innovation and creativity worldwide, with a particular focus on the younger generation’s potential to create sustainable solutions for the future.
• In 2000, member states of WIPO (World Intellectual Property Organisation) agreed to observe ‘World Intellectual Property Day’ on April 26, every year.
• WIPO is a self-funded specialised agency of the United Nations established in 1970 and plays an important role in establishing a fair and accessible global intellectual property system.
• The 2023 World Intellectual Property Day theme is focused on Women and IP: Accelerating Innovation and Creativity. With nearly half of the global population being female (49.58%), women represent a vast pool of untapped talent and play a significant role in shaping the world through their creativity, hard work, and resourcefulness.

Role & importance of a strong IPR ecosystem for the growth of a country

Intellectual Property Rights (IPR) are critical to a country’s development. IPRs can aid in the growth of new businesses, the restructuring of inefficient industries and the acquisition and invention of new technologies. IPR promotes innovation which leads to economic growth.

• IPRs offer creators of Intellectual Property the legal authority to prevent others from using their innovations/creations or to define the conditions under which they can be used, say for instance in exchange for money. IPR’s ultimate goal is to provide customers with innovative, competitive products and services they desire and need. The advantage of an IPR-based system of innovation is that it offers incentives to further develop and commercialise publicly financed fundamental research, allowing new products, businesses and even industries to emerge based on these innovations.
• Any intellectual property protection regime has two important economic goals –
  • To encourage investments in research and development as well as commercial innovation by granting exclusive rights to use and sell newly created technology, products and services. 
  • To encourage creators/innovators to put their innovations and ideas on the market in order to promote widespread circulation of new technology for the development of the country. 

Global Innovation Index (GII) and Reforms taken by GoI to strengthen the IPR ecosystem

India has come a long way in the Global Innovation Index (GII) from the 81st spot in 2015 to the 40th position in 2022. Innovation has been a catalytic force for the development of the economy and society. As the knowledge economy grows, innovation will lay the roadmap for development in India.

• Today India is the 3rd largest start-up ecosystem in the world and also home to 45 unicorns offering IP-driven solutions. Incubation, handholding, funding, industry-academia partnership and mentorship have stirred entrepreneurship spirit in the country.
• The introduction of NEP, 2020 (National Education Policy 2020) has further strengthened the innovation spirit as it promotes the inquisitive mindset by setting up incubation and technology development centres. With over 9000 Atal Tinkering Labs (ATL), the youth is encouraged to develop solutions to societal problems.
• India has taken up structural reforms to strengthen its IPR regime including modernization of IP offices, reducing legal compliances and facilitating IP filing for start-ups, women entrepreneurs, small industries and others. Domestic filing of patents registered a 46% growth in the last 5 years. India is now transitioning to a knowledge-based economy.
• DPIIT (Department for Promotion of Industry and Internal Trade), in association with the Federation of Indian Chambers of Commerce and Industry, launched an IPR enforcement toolkit to aid police with handling IP crimes, in particular counterfeiting and piracy.  
• The DPIIT under the Ministry of Commerce adopted the National IPR policy in 2016. The main goal of the policy is “Creative India; Innovative India”.
  • The policy covers all forms of IP, seeks to create synergies between them and other agencies, and sets up an institutional mechanism for implementation and review.
  • India’s IPR regime complies with the World Trade Organisation’s (WTO) agreement on Trade-Related Aspects of Intellectual Property (TRIPS).
    • TRIPS is the most comprehensive multilateral Intellectual Property agreement. It came into force in 1995 and is binding to all the signatories.

Women and IP: Accelerating Innovation & Creativity

The theme of World Intellectual Property Day, 2023 aims to highlight the importance of empowering women to overcome challenges and unlock the full potential in the field of Intellectual Property driving innovation and creativity forward. There is only a 16% representation of women inventors in international patent applications in 2022.

• Women in all regions are shaping the world through their imagination, ingenuity and hard work but have to face a multitude of challenges which hinders their participation in the innovation and creativity field despite having huge potential. The obstacles include a lack of IP knowledge, limited access to networks, sponsors, mentors as well as financial resources, and a biased society amongst others. 
• These challenges have resulted in only a small percentage of women being benefited from the IP system. There is a need to create more opportunities for women to overcome such challenges and actively participate in the field of IP.

Sansad TV Perspective: Intellectual Property Rights:- Download PDF Here

Read all the previous Sansad TV Perspective articles in the link.